Mahendra Kumar Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8746 of 2019 ====================================================== Mahendra Kumar Shah S/o Shriram Shah Vill.- Khemnipur Bhengari Bazar, P.s.- Khampar, Distt.- Deoria, U.P.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary Department of Registration, Excise and Prohibition, Govt. of Bihar, patna 3.

The Collector-cum-District Magistrate Gopalganj 4.

The Superintendent of Police Gopalganj 5.

The Superintendent of Police (Exise) Gopalganj 6.

The Sub Divisional Officer Hathua, Distt.- Gopalganj 7.

The Officer in Charge Bhorey Police Station, Bhorey, Distt.- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5 For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 09-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is owner of the vehicle and prays for provisional release of the Maruti Suzuki car bearing Registration No. UP52AJ6663, Chassis No. MA3ETDE1500255774, Engine No. K10BN1899589, which has been seized in connection with Bhore P.S. Case No. 28 of 2019 for the offences punishable under Section 30(a), 35 and 38 of the Bihar Prohibition and

Patna High Court CWJC No.8746 of 2019 dt.09-07-2019 2/3 Excise Act, 2016.

It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the vehicle and 600 ml. country liquor. Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is pending, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the Collectorcum-District Magistrate, Gopalganj with two sureties (one local) to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties shall also furnish the following affidavits/undertakings: (i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future.

(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.

Patna High Court CWJC No.8746 of 2019 dt.09-07-2019 3/3 (iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

(iv) Prior to release of the vehicle, a Panchanama would be prepared by the Collector-cum-District Magistrate, Gopalganj wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial. The release shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above. This release would however, be subject to finalization of the confiscation proceeding. With the observations, this writ petition is allowed. (Jyoti Saran, J) ( Partha Sarthy, J) sushma/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.7.19 Transmission Date NA